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If the defendant fails to satisfy the judgment and make the payments, you may request that the Sheriffs Department levy the defendants property. If you request a levy, you as plaintiff take on some responsibilities.
A motion to set aside may be brought to set aside a judgment based upon: (1) Lack of jurisdiction over the person or the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the
In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the trial.
(3) After issuing a default judgment, the Court shall proceed as necessary to resolve the case without the participation of the defaulting party, or with such limited participation as the Court deems appropriate, and shall determine all issues in the proceeding, including those affecting the party in default.
RULE 15. The party seeking entry of a default judgment in any action shall docHub to the court the date and type of service effected as shown by court records and that there has been no defensive pleading from the party against whom the judgment is sought.
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A judgment may be attacked by motion for a new trial or motion to set aside. Judgments may be attacked by motion only in the court of rendition. (c) Motion for new trial. A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings.
If the judge grants a default judgment, the plaintiff is entitled to the amount of money damages specified in the suit, plus court costs. If the plaintiff is asking for any non-money damages (such as property), a separate hearing must be held to determine the dollar value of the damages.
This motion to set aside default judgment with affidavit may be used by a corporate defendant/tenant in a dispossessory proceeding in Georgia to ask the court to set aside a default judgment in favor of the plaintiff/landlord because the defendant was not properly served with the summons for the action.

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